The Austrian Supreme Court voids a judgment of the Cartel Court on the assessment of a "radius clause" provided for in the lease agreements of a shopping centre (UNO Shopping/PlusCity)

In a decision of 25 March 2009, the Austrian Supreme Court decided to void a judgment of the Cartel Court on the assessment of a "radius clause" provided for in the lease agreements of a shopping centre in the Linz area. 1. Facts and decision at first instance The case at hand is the result of a long struggle between two large shopping centres in the vicinity of Linz, Austria's third-largest town. Both shopping centres were opened at about the same time (1989 and 1990, respectively) and are at a distance of less than 1 kilometre from each other. In its application to the Cartel Court, UNO Shopping, the smaller of the two, argued that the radius clause contained in the lease agreements of its larger rival, PlusCity, violated Art 81 and 82 EC, as well as their national law equivalents.

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Axel Reidlinger, Heinrich Kühnert, The Austrian Supreme Court voids a judgment of the Cartel Court on the assessment of a "radius clause" provided for in the lease agreements of a shopping centre (UNO Shopping/PlusCity), 25 March 2009, e-Competitions Bulletin Exclusive distribution, Art. N° 26217

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